Chapter 01 - Commercial Carriers

Chapter 01 - Commercial Carriers

As used in this title unless the context otherwise requires, the following meanings apply:

(a) “Commercial carrier” means a person operating a commercial means of conveyance on or between the islands of American Samoa, excluding aircraft, vessels, or a tramway.

(b) “Commercial vehicle” means an automobile, automobile truck, motorbus, or other means of overland conveyance including but not limited to a trailer, semitrailer or other device used as a means of conveyance, not operated upon fixed rails or tracks and used for the transportation of passengers for compensation.

(c) “Commission” means the Government Commerce Commission.

(d) “Vessel” means a watercraft, except longboats and paopaos, used or intended to be used as a means of transporting passengers or freight for profit.

(2) regulate and supervise the accounts, schedules, and service of each commercial carrier;

(3) prescribe a uniform system and classification of accounts to be used, which among other things shall provide for the setting up of adequate depreciation charges;

(4) require the filing of annual and other reports;

(5) supervise and regulate commercial carriers in all other matters affecting the relationship between the carriers and the travelling and shipping public, including, but not limited to, upon the recommendation of the Commissioner of Public Safety, the establishment of convenient bus stops in all villages, so needing.

(b) The Commission shall also have power and authority to prescribe, by general order or otherwise, regulations applicable to any and all commercial carriers.

The Department of Public Safety may prescribe and enforce safety regulations for the operation of commercial carriers and require a periodic inspection of the equipment of every commercial carrier from the standpoint of enforcement of safety regulations. Such equipment shall be at all times subject to inspection by properly authorized representatives of the department.

All charges made by any commercial carrier for any service rendered or to be rendered in the public transportation of passengers or property, or in connection therewith, shall be just, reasonable and nondiscriminatory, and every unjust, unreasonable or discriminatory charge for such service, or any part thereof, is prohibited and unlawful.

It is unlawful for any commercial carrier to operate or furnish public service within American Samoa without first having obtained from the Commission a certificate declaring that public convenience and necessity require such operation.

When the certificate is granted, the Commission may attach to the exercise of the rights therein conferred such terms and conditions as in its judgment the public convenience and necessity may require, which shall include the right and duty to transport newspapers.

Any person, firm, corporation, village, or agency of the government whose rights or interest may be affected shall have the right to make written objections to the issuance of a permanent certificate. Any objection must be filed within 10 days of posting of notice of the issuance of a tentative certificate.

Upon the close of the 10-day period for the filing of objections, the Commission shall set and give notice of a date for a hearing upon merits. Such date shall be within 1 week of the close of the 10-day period, and the hearing shall be held at the courthouse of the High Court unless a different place is specified in the notice.

Appeal may be taken from the decision of the Commission, by the applicant or any party who appeared in opposition to the applicant, to the High Court, within 30 days from the time and decision was rendered, by giving at least 10 days’ notice to the Commission, to be served on its Chairman or Secretary.

Upon appeal being taken, the Secretary of the Commission shall make and certify a transcript of all papers, records and proceedings in connection with such application and hearing and shall file the same with the clerk of the High Court within 10 days following the taking of such appeal.

Upon the completion of the hearing, the Commission may issue an order to grant a permanent certificate, or an order to revoke the tentative certificate. It shall then forward such order to the Department of Administrative Services for further action.

(a) The applicant shall pay all costs and expenses of the hearing and any necessary preliminary investigation in connection therewith before a permanent certificate shall be granted.

(b) The Commission may require the applicant to deposit with it, at the time the application is filed, an amount of money to be determined by the Commission to secure the payment of costs and expenses.

The appeal shall be submitted upon the transcript of the evidence and the record made before the Commission. The court shall either affirm or reverse the order of the commission in accordance with the provisions for appeal found in the Administrative Procedure Act. 4.1001 et seq.

No certificate of convenience and necessity shall be sold, transferred, leased, or assigned until the commercial carrier has operated thereunder for at least 70 days of continuous service, nor shall any contract or agreement with reference to or affecting any such certificate be made except with the written approval of the Commission; nor shall any person be permitted to assume any such certificate unless he or it possesses all the qualifications of, and meets all the requirements and assumes all the obligations imposed upon, an original applicant.

For the violation by any commercial carrier of any provision of this title relating to commercial vehicles or of any rule or regulation promulgated thereunder, the Commission may, in addition to other penalties herein provided, revoke and cancel the certificate of such commercial carrier. In the event of any flagrant and persistent violation of safety regulations by the holder of a certificate, the Commission shall suspend such certificate of necessity until prescribed safety regulations are complied with, and in the case of failure to comply, the Commission may revoke the certificate at its discretion.

In addition to any other penalties and disabilities prescribed by this chapter, the Commerce Commission shall impound the vehicle or vehicles owned by any commercial carrier under the following circumstances and for the following length of time:

(1) upon conviction of any offense set forth in 19.0136 for a period of not to exceed 6 months;

(2) upon cancellation of the certificate of the commercial carrier pursuant to 19.0133 until such time as the certificate is reacquired or the vehicle is sold.